Some Legal Thoughts On The Problems Of Communal Donation Solicitation

Since the reform and opening-up of China, along with the continuous development of the national economy and raising increasingly of people's material and cultural life, the activity of communal donation solicitation has developed quickly. To the period of changing types of China, the communal donation solicitation has played a significant function in the development of relieving and promoting education, science, culture, health for all people and other social public services and facilities. But at present in China, owing to there not being corresponding law, lack concrete, operatable regulations, which cause the communal donation solicitation, is vacant of management and short of the standard. For example, who can organize communal donation solicitation under which type of circumstances, who is qualified to advocate communal donation solicitation, and the money of the donation should be managed by whom, who can supervise and so on, all of them are short of the restriction of the regulations. As a result, it is more and more to involve the dispute of communal donation solicitation, and the case-involving amount of money is also more and more bigger in recent years. The legal disputes that happen between the related parties also can correspondingly enlarge along with the communal donation solicitation increases. In reality, the bull solicits contributions, repeated solicit contributions and deceived contributions have happened many times. These problems have not only injured the loving heart of the donors, and are also very unfavorable to the development of society's donation cause. Only strengthen the management in the law perspective of communal donation solicitation can promote people's zeal to give full play to communal donation solicitation. But at present China hasn't set up the law of communal donation solicitation, and all is to standardize soliciting contributions with the help of the general regulation of the civil law and the contract law for the most part, though it having acted fixed function, in practice, the difference is very big. So China should lay down "The communal donation solicitation of the People's Republic of China ", unify the activity of communal donation solicitation as early as possible. Based on this, this text puts the legal relation of communal donation solicitation as theme, and mentions since the case of "the loving heart lawsuit is drawn forth in the donation ". First it combines this case and accurately confines the nature of communal donation solicitation, then analyses static and dynamic relations of communal donation solicitation respectively, finally points out China's problem, and puts forward the recommendation of myself. The text is formed by preface, main body, and concluding remarks.The first part, the loving heart lawsuit is drawn forth in the donation. This part mainly introduces this case, and introduces the different opinions of this case.The second part, the legal relations of communal donation solicitation. After having analyzed the loving heart lawsuit, the text gives a brief definition of communal donation solicitation. Then it talks about the legal relation of static communal donation solicitation-the main body, content and the object; and also talks about the legal relation of dynamic communal donation solicitation-the setting up, change and the perishing of communal donation solicitation, systematic analyses the component of the communal donation solicitation.The third part, the problems of communal donation solicitation and how to solve them. The problems that exist in the communal donation solicitation, to some extent, are obscured the demarcation lines of this three causes by people. So this part compares the communal donation solicitation charitable donation and the contract of donation. Then it combines the various disputes of the communal donation solicitation at present, points out the problems, and has put forward relevant recommendation and countermeasure.